A divorce legally ends a marriage, dividing property, assigning debts, determining custody and support, and dissolving marital status. Legal separation results in similar court orders (child custody, support, property division) but does not terminate the marriage. Some couples choose legal separation for religious reasons, health insurance benefits, or reconciliation possibilities. 

To begin a divorce in Wisconsin, you (or your attorney) file a Petition for Divorce in the Circuit Court in the county where you or your spouse lives. The petition outlines your requests regarding property division, custody, support, and other issues. A mandatory 120-day waiting period applies before the final hearing. 

No — you can file for divorce on your own (called “pro se”), particularly in simple, uncontested cases. However, because divorce involves legal rights like division of assets, child custody, and support, having an experienced attorney helps protect your interests and navigate complex law. 

After filing, Wisconsin law requires a minimum 120-day waiting period before the court can finalize your divorce. Real timelines vary based on case complexity, negotiations between spouses, custody disputes, and court schedules. 

Wisconsin is an equitable distribution state. That means the court divides property and debts fairly — but not always equally — based on factors like length of marriage, income, and contributions to marital assets. 

Custody (decision-making authority) and placement (where the child lives) are determined based on the best interests of the child. The court considers each parent’s ability to care for the child and maintain stability. Placement schedules aim for “meaningful periods of physical placement” with both parents when appropriate. 

Custody refers to the right to make major life decisions for your child (education, healthcare, religion), while placement refers to where and how much time the child spends with each parent. 

Child support in Wisconsin is typically calculated as a percentage of the paying parent’s gross income, adjusted based on the number of children and share of placement time. If both parents share placement over 25% of time, support is based on both incomes and relative placement percentages. 

Yes. If circumstances change (e.g., income changes, relocation, change in child’s needs), either parent can petition the court to modify custody or support orders. Consulting an attorney is important to navigate this process successfully.

A paternity action establishes the legal father of a child who was born to unmarried parents. Once paternity is established, rights and obligations related to custody, placement, and child support are determined by the court. 

Grandparents (or great-grandparents) may request visitation under Wisconsin law if certain conditions are met — such as the parents being divorced or the grandparent having a prior relationship with the child. They must show that visitation is in the child’s best interests. 

If a spouse fails to follow a custody, visitation, support, or property order, the court can enforce compliance or impose sanctions. Legal advice and prompt action are crucial to protect your rights and your child’s well-being. 

Options include:

• Uncontested divorce – spouses agree on issues and submit terms to the court

• Mediation – neutral third party helps negotiate

• Collaborative divorce – each spouse has counsel and negotiates outside of court

These can reduce conflict, cost, and time compared to traditional litigation. 

General Divorce Questions

1. What are the grounds for divorce in Wisconsin?

In Wisconsin, the only legal reason for divorce is that the marriage is irretrievably broken — meaning there’s no hope of reconciliation. 

2. How long do I have to live in Wisconsin before I can file for divorce here?

At least six months in the state and 30 days in the county where you plan to file.